Browse Arkansas Code titles and sections
4-75-801. Purpose.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-801. Purpose.
(a) It is not the intention of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 to guarantee a profit to any person, firm, or corporation engaged in the business of processing or distributing milk, and any such person, firm, or corporation shall be free to meet competitive prices in this state, as herein provided.
(b) However, it is the intention of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 to prevent any person, firm, or corporation engaged in the business of processing or distributing milk from lowering its selling price below cost, as defined in § 4-75-802, plus four percent (4%), except as hereinafter stated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-801
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-75-801
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b8c443bc2739d61ab74a94f9f99c77db60dc85777e6946e0c340b8f1c32e81df
Source location: content.xml paragraph 33043
Stored source content
4-75-801. Purpose.
(a) It is not the intention of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 to guarantee a profit to any person, firm, or corporation engaged in the business of processing or distributing milk, and any such person, firm, or corporation shall be free to meet competitive prices in this state, as herein provided.
(b) However, it is the intention of §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809 to prevent any person, firm, or corporation engaged in the business of processing or distributing milk from lowering its selling price below cost, as defined in § 4-75-802, plus four percent (4%), except as hereinafter stated.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-802. Definition.
(a) As used in §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809, unless the context otherwise requires, “cost” includes the price the processor or distributor pays the producer for fresh milk, plus the cost of doing business, which shall include labor, including salaries of executives and officers, rent, interest, depreciation, selling costs, maintenance of equipment, transportation and delivery costs, credit losses, all types of permit and license fees, all taxes, insurance, advertising, and any and all overhead expenses of the processor or distributor or expenses incident to doing business.
(b) In the event any action is instituted in any court in this state under §§ 4-75-801 — 4-75-806, 4-75-808, and 4-75-809, costs, including the cost of raw milk, shall be determined by the average costs of such processor or distributor for the thirty-day period previous to the date of the alleged violation.
(c) A profit from the sale of other products, including ice cream and other frozen foods, shall not be used in cost computations to subsidize or lower the costs of doing business in the sale of fresh milk.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-802
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-802. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-806. Rebates, refunds, etc., considered as costs.
The payment or allowance of rebates, refunds, commissions, or discounts, whether in the form of money or otherwise, or the extending to certain purchasers of special services or privileges not extended to all purchasers purchasing upon like terms and conditions, or the offering of a combined price for fresh milk or any fresh milk product with another commodity or service which is less than the aggregate of the prices for which the milk or milk products and other commodity or service is offered for sale, shall be considered costs of doing business in each separate sale or transaction, and each separate sale or transaction must stand the test of cost plus four percent (4%) as provided in § 4-75-805.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-806
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-806. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-808. Furnishing equipment free or at less than cost unlawful — Exceptions.
(a) It shall be unlawful to furnish any free equipment other than to public schools, parochial schools, private schools, colleges, or universities.
(b) Any equipment furnished or sold to any person, firm, or corporation by a processor or distributor or his or her or its agent, or designee, other than to public schools, parochial schools, private schools, colleges, or universities, shall be sold at a price not less than actual cost, including installation cost if paid or agreed to be paid by the processor or distributor or his or her or its agents, less ten percent (10%) per year allowance for age of the equipment prior to the installation. Any time or deferred price therefor shall not be payable for a term of more than one (1) year from date of installation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-808
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-808. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-809. Remedies.
(a) In addition to any remedy herein or otherwise and elsewhere provided, any person, firm, or corporation, or combination thereof, may be enjoined in a court of competent jurisdiction by any affected person, firm, or corporation from the violation of any of the provisions of §§ 4-75-801 — 4-75-806, 4-75-808, or 4-75-809.
(b) Any person, firm, or corporation found by the court to be in violation of any of the provisions of §§ 4-75-801 — 4-75-806, 4-75-808, or 4-75-809 shall be liable for three (3) times the amount of the actual damages, if any, sustained by any injured person, firm, or corporation as the result of the violations.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-809
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-809. This identifies an authority to review, not proof of applicability.